SIA RAM Vs. BELI RAM

JUDGEMENT

(1.) This Regular Second Appeal by the plaintiffs is directed against the judgment, dated 4th July, 1996, of learned Additional District Judge, whereby accepting the appeal of the appellants-plaintiffs, judgment and decree, dated 20th August, 1990, of the trial Court, i.e. the Court of Sub Judge, Paonta Sahib, has been reversed and the suit of the appellants-plaintiffs has been dismissed.

(2.) Facts that need to be noticed for the disposal of appeal are as follows. Plaintiffs and their brother Amar Singh, (now deceased and represented by his son Ram Chand proforma respondent herein) owned the suit land bearing Khasra Nos. 549, 550 and 628/554, situate in Mouza Dewra, jointly. However, Amar Singh, the third brother of the plaintiffs, was in exclusive possession of the said land. He allegedly handed over the possession of the land to respondent-defendant Beli Ram, in the year 1972, and on being asked by the plaintiffs (his two brothers), as to how Beli Ram came into possession of the suit land, he told them that he had created mortgage for a sum of Rs. 400/- in favour of Beli Ram. Plaintiffs then filed a suit for redemption of mortgage. Beli Ram contested that suit and took the plea that he had purchased the land for Rs. 2000/- from Amar Singh. Trial Court concluded that plaintiffs' plea of mortgage was not proved. Consequently, the suit was dismissed. However, it was observed that plaintiffs could file a suit for possession. Appeal was filed against that decree of trial Court, which was dismissed.

(3.) After the dismissal of the appeal, appellantsplaintiffs filed the suit, out of which this appeal has arisen, for possession of the suit property, claiming that they were joint owners of the suit land with Amar Singh. Besides respondent Beli Ram, Amar Singh was also impleaded as a defendant. Only Beli Ram contested the suit. He took the plea of adverse possession, claiming that he had been in possession of the suit land for the last 16-17 years, when the possession was delivered to him, pursuant to the alleged sale for a consideration of Rs. 2000/-.